good evening, everyone. i'm jessica aguirre. >> and i'm raj mathai. is it a troubling sign of things to come, or simply just passing the buck? a man shoots a suspected thief. but now some people are pointing the finger not at the shooter, but at the san jose police department. the short-staffed sjpd. it's a story we first broke here on nbc bay area. george joins us with how the police officer's association is reacting. >> reporter: san jose police say luis hernandez did try to take the law into his own hands when he confronted christopher soriano. the police officers association says this whole incident could have been prevented if there were more officers on the streets. >> under today's staffing levels, i don't know if we go out to those calls anymore, to be honest with you. >> reporter: jim is frustrated. >> just don't have the staff to do that. >> reporter: deep down, the president of the san jose's police officers association feels the last homicide of 2012 could have been prevented.

>> it's very frustrating for the officers. it's very frustrating for supervisors that are out if there, listening to these calls come in, and knowing that they can't send anybody. >> reporter: san jose police say on new year's eve, this man, luis hernandez, a maintenance worker saw what appeared to him a burglar casing cars in a apartment complex garage on luis road. he confronted the alleged burglar, a fight breck out, and it ended with hernandez shooting and killing christopher soriano. >> as far as taking action when he saw that person casing for potential vehicle burglaries, yes, he did try to take the law into his own hands and confront that person. >> reporter: frustration had been building for quite some time as car after car were broken into at the summer breeze apartments. sources tell nbc bay area they called the police a number of times, and even offered surveillance video, but no one came out. san jose police admit burglaries are a lower priority compared to violent crimes. >> if there is four or five calls for service in the queue, and a couple of them are violent crimes and a couple of them are property crimes, the violent crimes are going to be the ones

we respond to try to protect people. >> under our only model -- >> reporter: but jim says that's not how it used to be in the days when san jose police had more officers on the streets. >> we would have gone to that call. we always handled carberglys. well would take prints. we would do everything we could to solve those types of crimes because we know if you don't stop it, they continue. >> reporter: in this case the maintenance worker is the suspect and the victim was the alleged burglar. the big question, when should people intervene when they see something happening? >> our response to that is only intervene if lyes hang in the balance and somebody is in physical danger and they need help. >> reporter: and the district attorney's office will now review the case. hernandez remains in custody. we're live at san jose pd tonight, george kiriyama, nbc bay area news. >> thank you, george. it is a slippery slope with the dwindling budgets. san jose's 46 homicides in 2012 is the city's highest total since 1991 when there were 53 killings. in a november memo, outgoing

police chief chris moore wrote that there were 978 officers on the force. that's more than 400 fewer than back in 2008. that equates to about one officer per one thousand citizens. the national average is two and a half officers per one thousand citizens. a christmas party arrest in san jose's 45th homicide of 2012. police arresting 23-year-old tin nguyen in connection with the murder of steven bagland. both attended at an office complex on old oakland road near brokaw. a argument led to bangalan being stabbed. he was taken to the hospital and died shortly after arriving. a search for a teenaged daughter after she went missing on new year's eve. we want to show you a photograph of 19-year-old elisa burn. she was at the snow globe music festival in south lake tahoe. she attended that concert with some friends, and was staying at the horizon casino resort.

police say around 11:30 on new year's eve, she took a shuttle back to the hotel without her friends. that was the last time they saw her. the family is tonight pleading for her safe return. >> please come home. we love you. we miss you. and there is no repercussion of anything. we just want you home. >> south lake tahoe police are looking at surveillance video from the casino, but say they have no leads as to where elisa might be. too much to handle. a peninsula city is pleading for help and declaring a local emergency. the recent storms flooded parts of east palo alto and even caused the shutdown of 101 near university avenue. this all happened when the creek jumped its banks and flooded homes. take a look at the map. the floods damaged infrastructure in at least a dozen locations. nbc bay area's jean elle joins us in east palo alto with more on the damage and why people are so eager for the repair work to

begin. jean? >> reporter: raj, the creek poured over this levee in december. the sandbags proved to be useless. the city of east palo alto says it now needs emergency state funding to pay future a permanent fix to help protect people who have already flooded. >> we came out the front door, the water was just to our ankles. and then it started going faster and faster and faster. >> reporter: it's been a rough holiday season for paris simms and her family. on december 23rd, the creek poured over a levee in east palo alto. soaking her home with 9 inches of water and mud. >> let's just get out of here because my mom is terrified of water, and she is battling cancer. so -- we had to get her and my dad out because they're older. >> reporter: the simms are back home, but dumpsters in the driveway are full of soaked furniture and memories. the family is waiting to hear what insurance will cover. next door it's even worse. no one is allowed to live there.

with a break in the rain, city leaders are getting a good look at the damage all that water caused. on woodland drive, an uprooted tree took part of the creek wall out, jeopardizing the road. >> it's 8 to 10 feet of additional height to protect for the 100-year flood. >> reporter: behind simms' house, the old levee needs major repairs there is so much work, the city is declaring a local emergency, hoping the state will help pay for more than $3 million in flood control projects. the levee is a main focus. >> at this point we're looking at actually walls that piles will be driven in, walls created along here as opposed to going with more dirt. >> reporter: for simms, the work can't begin soon enough. >> to fix the levee. it needs to be fixed. because people's lives are at jeopardy here. >> reporter: city leaders tell me the permanent fix or work on the permanent fix probably will not begin until after the rainy season. in the meantime that. >> plan to build up that sandbag

wall as a temporary fix. reporting live in east palo alto, jean elle, nbc bay area news. >> okay. let's hope it sticks. thank you, jean. flooding along the creek is not a new problem for east palo alto. you're looking at video taken by the santa clara water district in february of 1998 when floodwaters at that time damaged homes, businesses, and flooded the airport. city officials say 49% of east palo alto is in a flood zone. so that begs the question. when is that next round of rain expected to hit the bay area, and how bad is it going to be? we bring in chief meteorologist jeff ranieri now with more from the weather center. jeff? >> we are tracking this next system. a little bit of good news when it comes to this storm. the last thing we need is any kind of rainfall across the peninsula. this will be a coastal storm moving from the north to the south. it's going to take that dryer storm track. and we're going to be spared from some of the strongest wind and also rain as that gets closer. look for a mix of sun, clouds, and also showers. what were all the bay area flood

concern looks to be on the low side as we head throughout the next seven days. that even includes the peninsula, right where we had some of that major flooding in three different areas near the highway 101 corridor. in particular for the creek, maybe rising 2 to 4 feet. it's going to stay well at a flood stage which is some 16 feet. we'll get some water rise, but not close to what we've had over the past couple of storms. >> thank you, jeff. and don't forget for the latest weather conditions in your community and for a look at the forecast, all you need to do is log on to nbcbayarea.com and click on our weather tab. now for a follow-up on a story we first brought you over the weekend. who would throw a dog into traffic? the search continues for sfpd. we have new video that shows the robbery suspect that resulted in the death of a dog. it shows a brief glimpse of a man who killed a woman's dog, there he is, walking across your screen, who killed a woman's dog after robbing her. he fled the scene on foot. it happened on december 28th

near the corner of leavenworth and golden gate avenue in san francisco. the suspect approached a woman who had pulled over in the tenderloin district. he demanded money and then grabbed her small dog named roxie out of her car and threw that dog into oncoming traffic. roxie was hit by another car and had to be put down because of her injuries. the reward money from private donations has topped $3,000 thus far. oakland is rolling out its new city id cards, and not everyone is happy about it. the city will issue the id cards to help residents without legal immigration status with everything from dealing with police to cashing checks. several cities already have similar programs, but oakland will be the first to tie to it banking so that card holders can use it as a debit card. critics say undocumented immigrants should not be allowed to have the cards. mayor jean kwan says it will improve people's lives. >> the reality is this nation is way overdue for immigration reform, that these people who have been here for decades, i

think most americans agree should have some pathway to being able to live here with dignity. >> the cards awill cost $15 for adults. minors and seniors will pay less. some 16,000 cards will be issued as of february 1st. the deal is finally done. late tonight president obama from his vacation in hawaii signed the fiscal cliff agreement into law. he did it using an auto pen, which duplicates a signature. so what is the impact here in california? the state finance office says the disruption of going over the fiscal cliff could have caused the state to relapse into recession. expert says it's too soon to tell whether the two-month delay on spending cuts will cause byes to hold off on hiring and other types of spending. some immediate benefits of the agreement, 400,000 californians will receive extended unemployment benefits. doctors will not see a cut in medicare payments. the agreement also keeps tax credits in place for children, college tuition, clean energy

and small business. a san francisco-based current tv, the channel launched by former vice president al gore has been sold to al jazeera. they made the announcement today noting that current tv and al jazeera share goals highlighting different points of view. it will allow the network to reach a larger english audience. 60% of the programing will originate in the united states. the rest will be from overseas. but al jazeera as part of the current deal will be based in new york. no word on what will happen to lieutenant governor gavin newsom's talk show which currently airs on current tv. blending tech and fashion. do you believe this? still ahead at 11:00, wearable computers. it seems unlikely, but an kohl be working on it. we'll explain. actually, it is big brother. there is no way around it. it's just what it is. >> a controversial upgrade. the local transit agency that won't just be watching you, but listening to you too.

and two northern california teenagers are arrested after allegedly drugging their parents. the surprising reason behind the crime. and taking a step to put the pain behind them. students from sandy hook elementary head back to class.

big brother might be watching and listening on your next ride too. san francisco is using federal grant money to buy updated surveillance cameras that can be watched and listened to in realtime on muni. nbc bay area's kimberly tere says some riders say it makes them feel safer, while others

say it's way too much of a wild ride for them. >> reporter: you may not know it, but surveillance cameras that record audio and video inside muni's trains and buses are nothing new. in fact, the cameras have a been around for the last 12 years. but now thanks to a $5.9 million homeland security grant, the antiquated system is getting a major overhaul. >> the information we received from the surveillance footage is very helpful for authorities and muni personnel. the authorities were able to investigate crimes and find out what took place and use that as leads for their investigation. >> the new system uses realtime recording, which could allow muni or law enforcement to listen live. the system also allows muni to transfer recordings wirelessly to police who don't need a warrant for the information. that's because it's considered public. >> we don't have the resources or infrastructure to watch realtime what is going on in our entire system. this is only for investigative purposes. we're able to pull the video and hand it to authorities. >> reporter: still, the system

raises some concern for usf law professor. >> even if it's only the authorities that are looking at it, there is a possibility that hackers can get into this kind of technology and communications and catch something that might be very, very important and very, very private and having nothing to do with threats to government or crime. and use it against somebody. >> reporter: talbot says even though people are getting more and more used to technology, they don't necessarily get on to a bus or a train and think about their conversations being recorded. >> actually, it is big brother. there is no way around it. it's just what it is. >> reporter: muni contends their responsibility is to notify the passenger that they are being recorded, which they say they do with decals and signs on every vehicle. >> and the sticker says? >> this is being recorded and something to that effect, that you're being recorded. >> does it bother you? >> no, not at all. i think it's -- i'm not doing anything wrong. so it doesn't bother me.

>> i'm very surprised. for me to hear it is any conversation i've had on muni for the last eight years i've been here, regardless when i catch muni was no longer private. >> reporter: kimberly tere, nbc bay area news. well, two teenaged girls might be in legal trouble after drugging one of the girl's parents. they did it so they could get late night internet access. it happened friday night at one of the girl's home in rocklin, which is just outside of sacramento. police say the family's internet service was turned off at night. they say the teens wanted access, so they put a prescription sleeping medication into a milk shake to knock out the parents. the parents did knock out, but the next morning called police because they suspected they were drugs. when they tested positive, they turned the girls. in police say it's up to the d.a.'s office to decide if the crime justifies adult punishment. it will be a bittersweet day back to school nearly three weeks after that heinous massacre at sandy hook elementary. students will be returning to

class, but at a new location. the 400 elementary school kids will go back to school tomorrow. but in the neighboring city of monroe. the superintendent says chalk hill middle school, which was closed in 2010, has been transformed into a cheerful and nurturing environment for children who survived the unthinkable. >> it feels extremely secure there. the kind of work that has gone in. and once again, the monroe police have worked very diligently with the newtown police so we can all feel very comfortable and secure. >> teach verse tried to recreate the way the classes looked before, so the kids will return and feel comfortable. it will be the first time since december 14th when they go back to school when adam lanza killed 20 students and six staff members. well, shark fin soup is still illegal in california, and will apparently stay that way. a federal court rejected a request by two chinese american groups to halt the ban on selling and possessing shark fins. the court rejected the argument that it violated civil rights by

targeting a traditional asian food. before the ban, soup in markets was the largest outside of asia. estimating that 73 million sharks are killed annually, solely for their finish, removing a key predator from the marine food chain. another cold night is upon us. we bring in our chief meteorologist jeff ranieri. do we have freezing temperatures yet it? >> it is getting closer. we're not finding any storm activity. clear here at the lower levels, and all the way up towards space. we are looking at very clear skies across northern california. close to the freezing mark, 33 in santa rosa. 34 in novato and back towards livermore, 36. in the east bay, this is where temperatures have been dropping at least the fastest over the past three to four hours. right now we've got the coldest spot in livermore at 46. 42 in pleasanton and 42 at walnut creek. remember, the pets, take them inside. it's not too late to uncover the sensitive plants. we've had three nights of the

cold temperature, and it's going to be continuing here, no doubt for tomorrow morning. let's take you live outside of the live hd sky camera network on wednesday. it's excellent visibility. ten miles and/or better. we're going through this meteor shower here as we head into tomorrow morning. 4:00 to 6:00 a.m. if you want to get up and brave the cold, we're going have excellent viewing, maybe see a shooting star. in san francisco we're looking at clear skies. let's get a look at the satellite loop, even though it is very cold, and is there no clouds in sight, at least immediately. we do have a storm system we're tracking offshore. it's pretty strong. the heart of the storm is not going to get anywhere close to us. it's going to be heading up into canada, washington and oregon. here comes high pressure. that's going to shield us from any kind of rainfall the next two days. a lot of sunshine. so while we'll start off cold, we'll get a nice decent reprieve during the afternoon hours from good old high pressure. you're going to need a couple of blankets as we continue throughout the night. maybe click on to the heater into the north bay. 30 in santa rosa.

34 in san rafael. 34 in concord and livermore expecting to hit 32 and even san jose with 38. so for tomorrow, here is the cool thing about the bay area. even though we're going to start off with 20s and also 30s, we're going to have a huge jump in the temperatures for the south bay, we're going to see them go up 20 to 30 degrees by the afternoon. 60 in san jose. 61 in los gatos, and 26 in santa cruz. the east bay, though, you're going to have the hardest time warming up, with plenty of mid 50s in walnut creek, dublin and pleasanton. 59 in hayward and back to alameda 59 for you as well. san francisco 60. also 59 in santa rosa, and expecting 58 in sonoma. so with the sunny skies, a little bit of an inversion layer, that high pressure aloft, air quality will be moderate, not expecting a winter spare the air. but if you suffer from allergies, it will be another tough day on thursday. cloud cover as we head throughout saturday. next chance of rain comes as we head throughout sunday. as we highlighted earlier in the show, it will be a coastal storm. we'll be spared from some of the

heaviest rain. we can't rule out an isolated shower for sunday at this point. so i've heard credit cards were great for scraping the windshield. i don't know fits going to get rid of any christmas debt, but you might need them tomorrow morning. >> the only thing you can use it for right now. i think it's been blocked. >> thank you, jeff. just ahead, a new option at st ♪

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[ dog barking ] ♪ no more paper anything. safeway presents just for u. ♪ save more. save easier. saving more, starts now. just for u on the safeway app. is it the next big thing for apple? would you be willing to wear your smartphone? analysts say apple may be work on a wearable computer in the form of glasses or watches. the device would be voice operated and could be used to call, text, and do quick searches. it's anticipated it would cost less than the iphone. but don't worry about giving your iphone -- giving up your iphone just yet. this new device isn't expected to debut until 2014 at least. how do you feel about a

reusable grande? starting tomorrow starbucks will give you a reusable cup with your coffee order. it costs a buck and looks just like the plastic tumblers. the idea is to bring the cup back. the company has been testing it and say they're getting good results. critics say people won't remember to bring back the cup, and they're worried about cross-contamination. but sbtarbuck insists it will clean the cups.

welcome back to nbc bay area. the warriors and clippers matchup had all the makings of a classic nba game. the league's hottest team versus one of the league's biggest surprises. one team held up its end of the bargain, and that was okay by warriors fans to oracle arena we go. warriors going for their 12th win in 15 games. first quarter, andres playing

like a big man. nice block. harrison barnes gets the ball to steph curry. how about a baseline jumper from three-point range. count that baby. second quarter was the steph curry show. from three. no problem. moments later, shooting like raj mathai, from three. count it again, 25 points in the first half. that was a season high for anyone on the warriors this year. then the rookie. harrison barnes with the two-handed flush. everything going the warriors' way. they win, 115-94. >> we're a good basketball team. we were ready. and good basketball teams when they're sitting at home waiting for another team that worked the night before, now it's not going to happen all the time, but you impose your will. and we did a good job of, you know, fighting and getting a w. i'm sure we'll see a different clipper basketball team in l.a. and we'll be ready.

over to college. santa clara, second half. broncos up 6. a man by the name of yannick turns it over. coby dullen with the steal. that is what you call serious hustle. under a minute to go, kevin foster, he is looking to hit from deep three-point range, in and out. but mark rebounds and puts it home. broncos snap a 17-game conference losing streak, 74-69 is your final. all right. ever wonder what a professional athlete does on his day off? well, in the case of 49ers guard al leonardo lex boonalex boone. at the san francisco zoo wednesday in their daily duties. fed a polar bear, petted a porcupine and each had a giraffe eat a banana right out of his own mouth that is serious love right there. take a look at that. that's just unbelievable.

you better believe they're definitely 49ers fans. back to my two favorite people in the bay area, raj mathai and jessica. i know. i have a new year's resolution, which is keep messing with raj mathai. i only tease him because i want to be him. i love his hair. i love his look. i love his suits. >> all right, thank you. >> raj mathai, jessica, is that okay? >> thank you, henry. >> actually, i just want to sit next to jessica. >> that's the truth. >> thank you, henry. >> we're back in a moment. >> happy new year.

about to explore some new digs? bells rang in san francisco in order for the big move of the iconic bay area museum. yes, 500 bells rang around the exploratorium after 43 years at the palace of fine arts. the exploratorium is moving to

waterfront at pier 15. the final day brought huge crowds with the free admission. when the exploratorium reopens on april 17th, officials say the new location will be three times bigger than the current one, but just as fun. >> it is fun. >> it is fun. i love going there. >> well, thanks for watching us tonight. have a great day tomorrow. we hope to see you back here. >> bye-bye. dinner's ready.

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>> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- comedian kevin hart. betty white.